Item No. 06
BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI (Through Video Conferencing)
Original Application No. 61/2014 (WZ) (M.A. No. 24/2015 & I.A. No. 24/2019)
Cavelossim Villagers Forum Applicant(s)
Versus
Village Panchayat of Cavelossim Respondent(s)
Date of hearing: 01.10.2019
CORAM : HON’BLE MR. JUSTICE S. P. WANGDI, JUDICIAL MEMBER HON’BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER HON’BLE DR. NAGIN NANDA, EXPERT MEMBER
For Applicant(s): Mr. N.DA Costa Frias, Advocate
For Respondent (s): Ms. Ruchira Gupta, Advocate with Mr. Anurag Sharma, Advocate for Respondent No 5 Mr. Krishnan Venugopal, Senior Advocate along with Mr. Ninad Laud, Mr. Nitin Sawant, Mr. Kaushik Mishra, Mr. Shivshankar Swaminathan and Mr. Ivo D’Costa, Advocates for Respondent No. 8.
ORDER
1. This application is filed by the applicant alleging construction of
building at Khandi-Bandoi, Cavelossim, Salcete, Goa, by M/s Balaji
concepts, the Respondent No. 8 by filling up water bodies with mud
in violation of the law. It is contended that the illegal construction
is being undertaken on plots bearing Survey No. 91/1, 91/5, 91/6,
and 91/8 in Village Cavelossim. As a consequence, the River Sal
has been polluted and nallahs, fishing ponds, natural water
channels and paddy fields have been completely destroyed. The
construction falls within 100 mtrs of the River Sal and a 10 mtrs
approach road has been constructed without obtaining CRZ
Clearance. In its reply, the Respondent No. 8 has denied all
material allegations and has contended that all necessary
clearances have been obtained and that the proposed construction
do not fall within the prohibited NDZ Area.
2. The case was first instituted on 23.05.2014 and various orders
have been passed from time to time and was last heard by the NGT,
Western Zone Bench at Pune on 03.03.2017 before it was
transfered to the NGT, Principal Bench at New Delhi where it was
first placed on 22.02.2019. On 24.04.2019 it was noted that 80 %
of the project was stated to have been completed and, since much
time had lapsed during the intervening period, it was felt necessary
to seek a report on the present status of the project and the latest
factual position. A Committee was thus constituted comprising of
MoEF & CC, GCZMA, Goa State Pollution Control Board and Water
Resources Department, State of Goa for the purpose.
3. The Report as directed has been furnished by the Committee and
placed before us today. The conclusion and recommendations of
the Committee is reads as follows:-
“3. Conclusion and Recommendation
i) As seen during the site inspection, out of the approved 35 villas' only 28 villas have been constructed at site beyond the NDZ of Sal river but are not yet finished.
ii) While granting Technical Clearance for the project' the TCP as well as the V P of Cavelossim laid certain conditions such as not to touch the existing water bodies at site but to protect the water bodies' preserve the existing drainage pattern within the property and not to do the filling of the low lying areas. iii) Whereas, it is seen from the Sy. Map shown by the Complainant that the respondent has done the filling of the water body in Sy. No. 91/1 towards north and constructed five buildings at site and also did the diversion of Nullah, which however is done as per the NoC issued by WRD, dated 23 /05 /2074. iv) The diversion of the drainage Nullah in Sy. No. 91/1 though is done as per NOC from WRD it is affecting the agricultural field in Sy. No.89. However, all this is done outside the CRZ/NDZ area as per revised plan and is a matter to be dealt by other forum. v) Secondly, as per the Complainant, the land filling done by the respondent in low lying riverine NDZ area of Sy. No. 90/6 for making Panchayat Approach Road and also for making an Internal Road falling in Sy. Nos. 90/68, 91/7, 8, 5 and 1 cannot be ascertained at site presently. vi) Besides this, there is no debris seen of any kind within the N DZ area of river. vii) Thirdly, the construction done by the respondent is only after getting the CRZ/NDZ line demarcated/delineated by DSLR, Panaji. So, if any other NDZ becomes applicable, if at all, due to the presence of water body in the S-E side having an old sluice gate at its mouth should have been pointed out by DSLR. viii) As per CRZ Regulation no new construction is permissible within the riverine NDZ area except, repair and renovation or re-construction on the plinth of the old structure existing prior to 1991, without increasing the plinth area and with proper permission from GCZMA. ix) Whereas, beyond the sluice gate there is no tidal influence, so the NDZ due to the presence of water body in S-E side does not become applicable.
x) Moreover, the plan approved by TCP indicating a proposed modification to the said water body in the S-E direction; Creation of one more water body in Sy. No.91/7; Construction of three more sluice gates and some other modifications as suggested in the revised construction plan to the water ways/drainage system at site though are permitted by WRD, all are falling within the NDZ of Sal River for which the permission from GCZMA is highly necessary.
x) Carrying out these modifications/changes as per the plan approved by TCP without obtaining the permission from GCZMA will lead to violation of CRZ Regulation.
xii) This may be deliberated in the Authority meeting for a decision.
4. As would be apparent from the above, out of the approved 35 villas,
28 have been constructed beyond the NDZ areas of River Sal and is
yet to be completed. The rest of the activities appear to be within
the applicable norms except that certain modifications have been
made to the project as would be apparent from the observations in
recommendation 3 (x). It has been observed that such
modifications/changes approved by Town and Country Planning
(TCP) without obtaining permission from GCZMA would lead to
violation of CRZ Rules and, finally in recommendation 3 (xii), it has
been recommended that this issue requires to be deliberated by the
authority for taking appropriate decision.
5. We, therefore, direct that the matter shall be looked into by the Goa
Coastal Zone Management Authority (GCZMA) in terms of the
Recommendation 3 (xii) on the aspects pointed out in the report.
The GCZMA shall issue notice upon the parties and fix a date for
consideration of the matter. The parties shall be at liberty to place
their respective views and file additional documents, if so advised in
the matter.
6. The GCZMA shall dispose of the matter in accordance with law
expeditiously within three months from hence.
7. With the above directions, the Original Application stands disposed
off along with the related M.A. and I.A.
8. No order as to costs.
S.P. Wangdi, JM
K. Ramakrishnan, JM
Dr. Nagin Nanda, EM
1st October, 2019 O.A. No. 61/2014 (WZ) hb